Mobile Menu - OpenMobile Menu - Closed

Welch Leads Bipartisan Effort to Stop the Illegal Branding of ‘Fake Milk’ as Real Milk

December 16, 2016
Press Release
Demands FDA investigation and enforcement action against manufacturers

WASHINGTON  – Continuing his advocacy to protect Vermont’s dairy farmers as well as the consumers’ right to know, Rep. Peter Welch (D-VT), joined by Mike Simpson (R-ID) and 23 other members of Congress, today urged the U.S. Food and Drug Administration (FDA) to exercise its legal authority to investigate and take action against the manufacturers of products they falsely claim to be milk. 

Dairy farmers continue to be buffeted by extreme financial hardships.  Since 2014, milk prices have plunged 40 percent. During that same time, there has been a surge in the mislabeling of imitation “milk” products, including beverages produced from almond, soy, and rice. 

In a bipartisan letter to the FDA, Welch and his colleagues objected to the mislabeling of imitation plant-based products that do not have the unique attributes and nutritional value of milk, yet are marketed as milk.

“While consumers are entitled to choose imitation products, it is misleading and illegal for manufacturers of these items to profit from the “milk” name,” said Welch and his colleagues. “These products should be allowed on the market only when accurately labeled. We urge FDA to enforce this matter by requiring plant-based products to adopt a more appropriate name that does not include the word ‘milk’.” 

The letter can be read in its entirety below. 

“Thanks to Congressman Welch for spearheading this effort to support our dairy sector”, said Leon Berthiaume, CEO of the St. Albans Cooperative Creamery, Inc.  “Proper labeling of milk is of utmost importance to our industry and dairy farmers.  Milk has its own unique, positive attributes that must be clearly communicated to consumers.”

“While imitation may be the sincerest form of flattery; dairy imitators do not naturally provide the same level of nutrition to the people buying them as milk does,” President and CEO of International Dairy Foods Association Michael Dykes said. “Non-dairy beverages can mislead people into thinking that these products are comparable replacements for milk when in fact most are nutritionally inferior.”

“You haven’t ‘got milk’ if it comes from a seed, nut or bean,” said Jim Mulhern, president and CEO of National Milk Producers Federation. “In the many years since we first raised concerns about the misbranding of these products, we’ve seen an explosion of imitators attaching the word ‘milk’ to everything from hemp to peas to algae. We don’t need new regulations on this issue, we just need FDA to enforce those that have been on the books for years.”

###

 

December 16, 2016

The Honorable Robert M. Califf, M.D.
Commissioner
Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, MD 20993

Dear Commissioner Califf:

We strongly believe that the use of the term “milk” by manufacturers of plant-based products is misleading to consumers, harmful to the dairy industry, and a violation of milk’s standard of identity.  We request that the Food and Drug Administration (FDA) exercise its legal authority to investigate and take appropriate action against the manufacturers of these misbranded products. 

As you know, dairy farmers are facing a serious financial crisis. These hard working Americans have experienced deep cuts in income as milk prices have plunged 40 percent since 2014. While the Administration has taken steps to address this crisis, market forecasts predict that the dairy industry will continue to face depressed prices in the immediate future. Unless more is done, many more farmers will be forced to sell their herds. 

It is against this backdrop that we write concerning the mislabeling of imitation “milk” products. In recent years, there has been tremendous growth in the sale of plant-based products often labeled as “milk”. A recent Neilson survey revealed that in the past five years, sales of certain plant-based grew 250 percent to more than $894.6 million. By contrast, sales of milk fell 7 percent in 2015.

While consumers are entitled to choose imitation products, it is misleading and illegal for manufacturers of these items to profit from the “milk” name.  These products should be allowed on the market only when accurately labeled. We urge FDA to enforce this matter by requiring plant-based products to adopt a more appropriate name that does not include the word “milk”. 

As you are aware, milk has a clear standard of identity defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows” (21 CFR 131.110). Milk, produced by the mammary gland, also has a unique nutritional value, providing an excellent source of protein and a wide array of vitamins and minerals, including calcium, vitamins A and D, and potassium. Plant-based products clearly fail to meet this standard of identity.  They are unable to match the nutritional makeup of the product they mimic, yet they continue to be marketed as milk. 

While addressing this serious issue will not solve all the challenges confronting dairy farmers, it is an important part of the solution that will also provide consumers with the accurate information they expect. We urge you to initiate a thorough investigation and appropriate enforcement action. 

Thank you for your consideration of this request.  We look forward to your timely response.

Sincerely,